##VIDEO ID:C5mXiKNcp30## okay it is 7 o'clock I think we're ready to go so first order welcome everybody second would you please join me in pledge of allegiance plg to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all so again welcome everyone here this evening as well as those watching on YouTube later on um I'll start out with introductions I'm Lisa whan I'm the mayor and then to my left here we have council members Anne McGregor and Claudia Lacy absent this evening is um council members of Kathleen rekin and Peter vicory and then um we have our director of Public Works Gary Peters and then um we have Ally paus who is our director of administration and then behind Ally we have an meerhoff who is our city clerk and then next to me on on my right we have our city administrator Jasper kral and then we have Brian Grim who is our finance director David Abel our community development director and then Sarah Sans Sala welcome back after your vacation nice to have you back is our City attorney with Kennedy engraven and then we have our chief of police Paul Falls um we don't have anybody signed up other than Andrew and you're going to speak later on anyway so thank you um with that um any changes to the agenda hearing none is there a motion to approve the agenda as presented so move thank you is there a second second thank you and McGregor made that and council member Lacy seconded that all those in favor signify with i i i all those opposed motion passes we don't have any special presentations and nobody signed up under persons to be heard so we're going to move on to our consent agenda items there's only four this evening pretty easy it's approve our work session meeting minutes from August I should ask anything you need to remove okay good then it's approve our work session meeting minutes from August 19th 20124 b as a city council regular meeting minutes from August 19th 2024 C is a resolution to approve claims and D is a resolution to approve an iup at 6900 County Road 110 West it's a great Facility by the way um all those in FA is there a motion to approve consent agenda items a through D thank you Miss Lacy is there a second thank you Miss McGregor any further questions hearing none all those in favor signify with i i i all those opposed motion passes 3 if I say 5 sometimes it's kind of by habit so just correct me so next we have a public hearing before um and it's it's for considering issuance of a competitive cable franchise with midconet Communications I'm going to start out by asking Mr Voss who is also with Kennedy and Graven and he has been our attorney on this matter so Mr Boss if you would like to come forward give us um a three minute Spiel and mayor council yes B Vos Kennedy and Graven Sarah colag uh thank you and mayor as you said yes I've been in front of you before on some Mediacom I think related matters and some maybe some prior uh potential competitive uh franchising matters uh and so certainly I've seen you all and and happy to to be back um so uh mayor councel um you've uh had interest expressed from a company uh Midcontinent that's going to come up in a moment and talk to you uh uh they're interested in being in your community and I think they've already constructed a fair amount in your community as I understand it uh and may be providing some Services already as I think Council probably knows um cable service TV service uh over wires in the ground uh is the area where cities have regulatory Authority telephone services and internet services are not things that cities really deal with very much other than the rightaway aspect getting into the ground other than that we don't regulate those services but cable TV services which Mid Continent wants to provide that's something where we issue a franchise you're well aware that you've got a franchise with MediaCom we've had a a ongoing conversation with MediaCom about uh constructing Services throughout your community we've encouraged that to happen we negotiated for that in your prior franchise and so you've had some experience dealing with cable TV services and franchises through Mediacom in the past so Midcontinent uh is here in town they're interested they' told us that they're interested in providing video cable TV services there is a what I've described to your staff in a memo a fairly elaborate I think I probably went beyond that and said it's a little bit overly elaborate um process for considering issuance of a competitive franchise um we we're following that process process now the process in very short is that you have decided to issue a notice you've published a notice saying you're interested in receiving uh an application from anybody that wants to provide competitive Services competitive to Mediacom we knew that midco would be likely the only applicant but you publish that notice they have now applied uh for a franchise they've paid your application fee part of their application the point of their application is that basically what Minnesota state law requires is that you make sure that any company that's going to come in and use your rways to provide cable service has legal Technical and financial qualifications to do that service that they're able to confidently do that service and there is a statutory list of things that a company must provide when they apply to a city for a franchise the point of that application uh set of requirements is to make sure that the company provides you the information you need to know about their legal Technical and financial qualifications midco has done that they've applied properly for a franchise here they've given you the information that's required you should have and and they're obviously going to talk about their application I'm not going to try and characterize their application but they they have they should have provided to you information sufficient to decide if they have the right qualifications to provide service in town the other issue of course is we need to have a franchise with them like we have with MediaCom they terms franchises an elaborate name for a contract um we need to have a contract with midco uh they have looked at the Mediacom franchise already they've provided some changed Provisions to that I've gone over that staff and I are going to work through their proposed changes to the franchise to the contract there is going to be some give and take there I mean there are some issues they've raised that we'll have to actually Jasper and and Ally and and staff and I will have to work through with them um but I don't foresee a big problem of course mayor you know and Council knows as I've already said the biggest issue has been with MediaCom getting full buildout to the community midco has committed uh nearest I can tell to building out to your community all of your residents as they sit today there's an issue a question that we'll work through with them about future annexation or future developments in your community how is that going to get served but as for your existing Community they appear to be committing to do that and so that is the biggest issue that you've had in the past with the with media common that appears to not be a hard issue to resolve so that's the quick take mayor on the process uh we've received the application and I'll let midot talk and then maybe Mary you want to open the hearing and let let anybody else wants to speak have at it okay thank you very much any questions of Mr Bob okay good very good all right thank you and Andrew um give us your last name I'm sorry yeah absolutely Andrew Curley I'm the senior director of government relations with midco and appreciate the opportunity to be back before you again it was actually January of 2022 when I came before the city council we talked about the partnership um building out the unserved areas of Minista with broadband service um that um partnership from our perspective was incredibly successful we appreciated the warm reception we got from the city and from the residents and so we've had a really good ongoing U partnership with the city of Minista um as kind of laid out earlier um this year in May we informed the city that our intentions to build out the rest of the Minista um and that project as as noted is um ongoing um Our intention is to build out all of the city of Minista all the locations as they currently sit with fiber to the Home Services Broadband Services as we talked about um capable of 5 gbits per second upload and download but as we're talking about here today we also want to add video service um Bob did a good job of explaining today the areas we currently serve in Min Trista we do not provide video service because we do not have a cable TV franchise um also as noted we have started construction already this year you might have saw seen some bit across the street as he drove in this morning or this evening um and so we are constructing in this area with any addresses that are currently available for service or will be activated here in the near future would only be uh data only Broadband only um depending a franchise with the city um so as I know we we did begin Construction in July is Our intention to build out over the next three or so years so 24 25 26 also leave the caveat that construct construction is a interesting process of you know weather supply chain permitting so there always is the possibility of leading over into 20127 but Our intention is roughly threeyear Bill to build out the entire city with um fiber services and again offering a video product we call it midco TV it's an ipv product that pairs well with the Fiverr to the Home Service offer over 300 channels four different packages um it's different than your typical coax um video product but it's something that pairs well I guess said with our fiber to the Home Service um midco does have over 154 franchises currently in the state of Minnesota so we do have a track record of building out cable TV systems across um really the Upper Midwest but um 154 here in the state of Minnesota so we're confident in understanding the process and and the expectations of us as a franchisee with the city of minat Trista um and then lastly I just want to make a couple introductions with me from midco is Ellie Burrows she's our government relations manager here in Minnesota member of um our government relations team previously you may have worked with Melissa wolf um who was our government relations manager previously she departed last year and Ellie is um her replacement and we have Ryan bar Ryan bar is our con construction project manager um Ryan's team is the one building out this um this network here in Minnetrista his team are on boots on the ground you know the contractors that were working across the street um I would note that during the construction process residents should expect to see receive multiple Communications from midco there'll be letters postcards um do door tagging and on those Communications there'll be an 800 number that says reach out to us if you have any questions or concerns um actually a member of Ryan's team his name is Dan Hines is our construction coordinator he's on the ground here that 800 number goes directly to his cell phone and he's able to address any questions or concerns I know uh Gary and Aly have communicated with Dan a couple different times already this summer so hopefully Dan can be in position to address any questions or concerns but Ryan oversees that entire team and then we have Jason Sachs our general manager of field operations and Eric householder our U field operations manager well the way I look at it is Ryan's team is building the network Jason and Eric's team will be operating the network ongoing so when you see the midco trucks out here longterm doing installs at people's homes are hopefully not too many service calls but if there are their teams will be the ones that uh will field those calls and and interact with customers on the ground so I just want to make sure we introduce them to the city so ongoing between the five of us we can address any questions or concerns you might have um so with that I will stand by for any questions you may have go [Music] ahead be primarily underground there will be some areas that we're going to need to do um aerial where there maybe have a telephone pole that we'll attach to but our our preference is to go underr as much as possible but working around lakes and different structures there going to be times that we're going to have to go aerial okay actually thr about this and so are there any major hurdles that the city has to work through from our perspective no yeah there's the thing I would say between the two franchises is our we're building a 5 the home network current provider has a coax Network so there there's terminology in there that's technically different um for the network we're building and then as Bob noted Our intention is to build out the entire city and so the franchise area as we look at it will be different than your current providers is buil out to and is that a big problem I think we can work through it okay yeah and are we going to work through it by the end of year that would certainly be Our intention yeah and we definitely you know we obviously we back and forth with any any kind of contract negotiation we not intend it to be something that is going to be any roadblocks um Our intention is to get this done as quickly as possible and be able to provide video service so maybe another question to Mr Vos and or Vos BOS sorry Bob um um is so the the franchise agreements have to be the same so because of the technicality like as as Andrew pointed out is is can they be different then uh yeah so uh mayor and Council great question so um it's a it's actually a complicated question I'll make it simple uh state law says that on three issues franchise fees service area and Peg Community programming um the franchises have to be the same but in your franchise my understanding is I you had a different attorney work on that franchise when you had it with MediaCom but I think I'm familiar with provisions of it um there are some rights that Mediacom has if you make differences on other issues if there are differences on other issues and so we're I think essentially the marching orders that uh your staff and I have are to try to keep their uh to be parody between the franchises as much as possible midco would like there to be a few differences and so it's sort of how how much difference can there be in in massaging through that and to council member your question I mean the issue I think that the core issue for this city is I understand it tell me if I'm wrong but remains getting service to everyone in town you want everyone to have high speed Services you want everyone to have video Services that's the the core important issue on that issue I don't think we're very far apart there will be some language massaging but essentially what Andrew has just said is my understanding from their application they intend to serve or make available service to everyone in town and that's critical so yeah right so so far I've heard nothing but good so that's great so we're looking I think we're looking forward to it but any other questions staff or anybody all right so um thank you we're going to I'm have to have the public hearing right now so I'll open the public hearing if there's anybody here that wishes to make comments for or have questions regarding this U franchise or this partnership I'll call it um you may do so you have to come to the podium and state your name and address okay I don't see anybody rushing to the podium so and I didn't expect that so I'm going to close the public hearing and uh we don't need to make any um decisions tonight this is basically for public information and our information there will be a resolution coming back to us probably soon um and then we'll be approving that franchise agreement at that time yeah mayor mayor and councel um what will come back I think will be very short and I promise you really short when I say the word report it always makes it sound like it's going to be 30 pages it's not it'll be a couple of pages long report about their financial legal and Technical qualifications I anticipate that report is going to say they are qualified You can conclude they are qualified and then of course there will be separately the contract right what we've worked out that will come forward at the same time so it'll be sort of a package deal and I'm optimistic that it will all be positive for the community so good thank you very much thank you all right looking forward to it so that concludes that um the public hearing aspect so we can now move on to business items you're all welcome to stay you don't have to um first business item is our budget process and approvals and I'll hand this over to Mr Grim yes thank you madam mayor of council there'll be three annual items that we do I guess every year at this time there'll be the adoption of and then it's also we've done in the past the the doing the debt L at the 100% versus the 105% which we've been able to do by maintaining you know good fund balances and then public comment dat so as far as the first item the I guess the most important item is the the adoption of the 2025 prelimary Levy and he did have good discussions back in August at the work session and as far as what uh all the services needs of the uh community and you know how how best balance them obviously with our our tax levy and basically what's presented in the pack was y those meetings the um L um we planning on setting be a gross Levy of 7, 13867 um basically it's about a 99.4% increase from the previous year little over $600,000 INE as yeah we be looking for resolution I'll just make um a qu a comment um I'm gonna um I'll go along with this with the um preliminary Levy what I'd like us to do over the course of the next several months before we do the final is have a discussion about the um engineering technician and so um in our current budget the way it's presented we are going to be hiring the um a technician about July mid mid year so I talked to um Mr Jasper kle and I said you know it makes sense to me anyway in my mind that maybe we consider hiring this person at the beginning of the year January February time frame somebody with experience they can then handle all of the road projects the overseeing and the and the management of that we're and we're paying that person versus paying a consultant to do it and then the and we can take it out of the road Levy because it'll be primarily for roads and then um next year we can see how we want to dig that up but to me it didn't make a lot of sense to hire somebody with very little experience mid year and then have the consulting company basically kind of train that person if you will so it didn't it made more sense to hire them earlier on this isn't the first time you're hearing this no no I think there is definitely some flexibility as far as using real CP funds versus G general fund dollars and I think this is it's going to be just a new position that we haven't had before but I think there's definitely ways to do it that for very little impa to the Lev if not even potential maybe saving a few it prob would probably save a few dollars because there was like 27,000 that was scheduled for um the general Levy and then 27,000 for utilities you might even you we could divide that up differently but even if we save 30,000 and and add it took it out of the road Levy which there's sufficient funds in there then we could and I'm not saying we change the levy amount right now because we can change it we can lower it before December or by December we just can't raise it so we can leave it right now but I do want to um at least think about that because lowering at another 30,000 would take it down to about n 9% increase versus 9.44 it's not a big deal but it brings it down to that 9% with our growth makes it about a 7% impact to our existing residents so that's just something to consider well we we can do it later I'm just saying because right now all of the paperwork says says what it is and we can still lower it um before December so that's that's not a you know we can't raise it no I mean I ear need yeah I think it would work out if we get a good candidate so I think what what if I could maybe summarize for the mayor um what we'd be looking to do is post the position in January see if we get a good candid if we good good candidates bring it to the Personnel committee see if we want to hire it that would then be offset by some of the um consultant dollars that we would spend on on um construction observation in the summer of 2025 um wouldn't really have a budget impact we would use Street CIP for that we just need to get that authorized by Council so if we don't get a good candidate then we're looking at hiring somebody probably at the end maybe Q3 of 2025 um and then kind of training them in and getting them ready for um 2026 it's a tough position to fill um we'd likely have to do some recruiting and try to figure out if there's somebody around here that we know that that would work out but um that would be the only way it would make sense to do it in the beginning of 2025 why is it it so it's very competitive um a lot of the people that we would be pursuing are already likely employed by an Engineering Group like WSB uh because they have that experience um so we'll have to make sure that we're competitively paying these individuals uh or this individual um and to make sure that we can kind of recruit them to come in so and there aren't that many it's it's basically um somebody that maybe went to college has a engineering degree civil engineering degree that's working to get their PE maybe just got their PE but not quite um you know on the track uh to you know be a principal or something at an engineering group that they want to come over to the municipal side we saw that happen with um our previous kind of assistant City administrator or city uh engineer ad gab so he kind of jumped from the private sector to the public sector so something like that would be great um um I believe this is a yeah we don't know yet it's approved thatt a range that would likely hire a less qualified candidate yeah yeah so but I only looked at like an entry level engineer Tas so so I mean those but those are things so I want to leave it in the budget right now and just have a little more discuss about it and then and then get some more of those those questions answered and more information why but well I mean we we could do that I mean we have the job description that's already been um reviewed and looked at we we could post it um probably we could post it whenever we want it's just a matter of getting the budget lined up Brian would have to get it lined led up so that you know we wouldn't exceed the 99.4% levy increase we'd have to maneuver some probably Street CIP dollars or something like that's but I think that would be perfectly okay because this individual would be primarily for 2025 anyway working on I would say not everything but the brunt of their position would be Road road projects so so if that's the direction um we could get that prepared and you know we could pursue that I'm seeing I'm seeing three um three individuals nodding to to get this moving so we can at least post it maybe maybe hire somebody early 2025 so the direction is to post it as soon as possible well you wouldn't post it this soon because you wouldn't want them on board until at least January right holiday season gets tricky for so maybe November mid November you could put a you know you could put when the hiring date is the posting too so do like October to Mid November higher date or on board date gen one okay okay production okay so then the question is we passed a levy as is and because then we Brian has to figure out how much to take out of the levy and that's what I'm saying is he can do that between now and and December recommend passing as is we still don't know exactly how the rest of our revenues and expenditures are going to FL up for the rest of this year building permit look at oural so I would say versus taking 30,000 out now I would say leave it and then take it out in December we can okay okay if the goal is to get it right around 99% I think that we can we can work on that as a staff and and figure out a way to do that hopefully unless there's some outside factors that come in higher okay all right great all right um so and then the 100% of the bond payments I we'll do this yeah hold on hold on um I just want to see if there's any other questions on that so no questions on that one right and then um the date um is fine the December second 7 o' we're okay with that all right any other questions okay so is there motion to pass resolution number 7324 approval of the 2025 preliminary tax levy thank you Miss Lacy is there a second second thank you Miss McGregor any further questions hearing none all those in favor signify with i i and then the next one is a resolution um number 7424 approv the debt Levy at 100% of the 2025 Bond payments is there a motion to that effect thank you Miss McGregor is there a second second thank you Miss Lacy any further questions hearing none all those in favor signify with i i all those opposed motion passes three and then the next one is approved the 2024 date for the public comments on the 20 on the 2025 Levy and budget which will be December 2nd at 7 pm here at City Hall um during our regular city council meeting thank you is there a second second thank you Miss Lacy all those in favor signify with i i all those suppos motion passes all right thank you thank you staff too and I know we'll continue to work on this so next we have a resolution for the pre-sale report and resolution providing for the issuance and the sale of General obligation bond series 2024a and the proposed aggregate principal amount of 4.3 or 4, 330,000 as we know and Mr dad Hagen is here with ERS this evening to guide us through this process and um this is for uh primary well there's 675,000 if I'm 615 for um equipment certificates and the remainder is for the wells and all of the other things that we're doing for our water infrastructure not everything of course next year we'll have to take out more all right sure well good evening Mr Haan and thank you for coming it's all yours thank you mayor council members staff um Todd Hagen from ERS and Associates um so tonight um tonight we have a pre-sale report in front of the council and a resolution for your consideration after I talk about the report uh as the mayor has stated we've got we're financing around 4.2 million um dollars of project costs uh the bond is at 4.33 million with the cost of issuance um included in there so 2.5 million goes for Wells and Waterman at a 20-year term 600 uh goes for equipment various equipment that's um I think detailed in your resolution at ex exhibit a so you guys can take a look at what uh what that list is and that's a fiveyear part of the bond issue to keep in within the expected useful life of the equipment and then 1.1 million for like preliminary expenses for your larger Water Treatment Plant uh that's come probably coming more on board in 2025 uh but this will get us going to sort of uh pay all those prary expenses in the meantime and that's a 20year uh part of the bond issue so as far as the biders of the bonds are concerned they'll be looking at a 20-year General obligation Bond at 4.33 million from the city of Minnetrista um you currently have a doublea plus Bond rating just one below a AAA uh we'd like to see a stay there um upgrades are great but there's lots to do in town so that would be great if we'd stay at the doua plus stable Outlook I believe believe that was um we have that rating call with standard reports already scheduled um for um September 24th um so we're getting everything in place uh for an October 7th Bond sale so we go through the pre-sale report um you folks take a look at the terms and conditions as we talk about here um you're basically uh approving that resolution that sets that Bond sale for October 7th so we'll come back with bids we usually get a few right um from the for the city um highly rated City easy to understand bond issue um you guys are out in the market um pretty frequently so that helps as well um good quality bond issue so looking for some good um good interest rates um the more bids I think you know typically the better the interest rates are um so it's kind of what we've got here is we've combined uh two Bond issuance issuance of authorities into one Bond back in the day the day you would just You' issue two bonds you know so we kind of are helping with the cost of issuance on this by bundling uh the bond issues which you you folks do as we try to do um so again 20 year water portion fiveyear equipment portion on this um we've got a call date which is a prepayment date um um cut off period basically on this so so so The Sweet Spot um as far as offering this bond issue with um a prepayment date in around at year 8 or n is is typical um I was going to ask you about that because um generally it's been around seven years well we'll try to push it so um you get better rates well what we don't want to do is is have you penalized for that um so the shorter you you get that the the more maybe um the more uh the the the biders will look at that and want a higher interest rate for that because they're looking at who they sell the bonds to that um minat Trista would you know has the opportunity to take their bonds away earlier than sort of what the market says but we'll run this through our quality control and we always try to push it for for Minista thank you very much for for that but right now it's somewhere around 2034 is kind of The Sweet Spot basically we have been getting a lot of bids on bonds uh the market appears to be hungry out there this is a little different than like a bank financing where you hear the bank rates are maybe going to go down they're really high right now um this is more of a supply and demand out into the public market so uh these Underwriters broker dealers um are getting their money from um Mutual insurance companies right by bonds and and people individuals by bonds and um retirement funds by bonds and that's where they get their money from and really not from Banks so what we've seen out there is when we do just plain Bank placements the interest rates are very high and when we do uh Bond issues on the public market they come in a lot lower even with the extra sort of costs that are involved with getting this thing up and running out into the public market so we've got um some cush if you look at the um Bond runs I've got in their their preliminary runs for 20 years we've got about 50 basis points of cushion in there just to allow for market movement just in case something happens uh to the to the to the to the negative uh for us but we're looking at somewhere around 3.5 3.6% hopefully when it come back uh for the bond sale that that's um that's where that will that will be so that's that's a pretty good interest rate didn't we get that on our other that we just did 34 yeah you're in a tristal right you're high quality and got yeah yeah yeah and if you look at the graph on the report too you see it uh going up and down a little bit at the end here so uh we're it looks like we're at the downward slide if if you take a thly sort of um look at at where we're at so we're seeing rates uh better than they were a few weeks ago so we'll cross their fingers and uh we'll see what happens but it's market rate and um we're going to get where we get on that day so that's that's good for you that's accountability for the council to say that you you let everybody out there have a fair shake at this and come back and give us a bid we didn't pick just one firm to work with um because it does vary uh we'll have uh winners from they may be third place on one first on another sixth place on another it just sort of depends what What bond issue they're looking for and the quality so yeah other than that I mean that's um that's what we're looking at here on this bond issue you've issued them before we always look at your existing debt too by the way and you know rates are a little higher than what's what what your existing debt is right now um but I take a look at that every quarter and if rates start going down I look at it a little more frequent so I let staff know um how that looks for refinancing too but right now we don't see anything obviously on the horizon but you never know there's always there's always next year we'll see what happens uh other than that we're going to use your bond attorney from Kenny and Graven you know they do everything here right in Minista uh they even help with Bond council stuff so that's that's good uh Bond Trust Services your paying agent and then we're going to use um standard pores for your uh rating agency too so um pretty uh standard bond issue out in the market like I say easy to understand so we're looking at um we're looking at this to go pretty smooth and um thanks to staff for putting together all the preliminary uh things that we ask of of them to put the official statement the offering circular together that's a kind of a complicated document uh that the biders look at to bid on the bonds uh it's not only the bond rating but the they do their own interal reviews to uh look at that document as well so um that's a lot of hard work as well so um but for Council hey you're just uh passing stuff that you know looks like it's looks like it's working for you so that's what we try to do um other than that uh you know I'm here for any questions uh or comments you have so I'll yield to the the council so I have another question so um under the rating you said that we have a a double A and then you said in in the packet it say the city will request a new rating for the bonds why would we request a new rating when we're already double A plus I know right well well every time we issue a bond we have to we have to get a new rating yes and then if you don't let's say you don't issue a bond for a couple years they do surveillance on you too but that one's free okay uh so they want to make sure that you're still okay because there's lots of folks out there uh that are holding your bonds so they're trading at the doublea plus you just want to make sure that's still the quality that's that's there okay so do do you anticipate any change I don't I don't fund balances are good right um you know you've got uh you know cash is a big thing right so that's you don't want to dwindle that down because you need some cash don't we all right um right because we want to pay our bills on time and everything as well so um so that's uh yeah so that that's what it's on the general obligation too it's it's on your full faith and credit to pay so it's all about um your ability to pay uh property taxes yet in the city great questions yeah yeah and there's you know there's continuing disclosure that's part of this too so people that own the bonds too um every time there's a new audit right we have to beam that up to the cloud so everybody can see that you're healthy and everything's good you still exist right and and so there's lots of safeguards here and that's why you get those low interest rates on the general obligation bonds revenue bonds another have a good fund balance as well y that's that's a big thing general fund balance yeah yeah keep keep with your policy and then some right yeah no that's that's a number one so all right if there's no other questions then um is there a motion to approve uh the pre-sale report and resolution providing for the issuance and sale of the general obligation bond series 2024a and the proposed aggregate principal amount of 4,330 th000 good move thank you Miss McGregor is there a second thank you Miss Lacy is there any other questions good um all those in favor signify with i i all those opposed motion passes 3 thank you very much yeah appreciate the business thank you all right approve next is approving ordinance number 491 regarding the park dedication fees and the interim uses I'm going to hand that over to Mr Able yeah thank you mayor and members of council um so asther report and as the council may recall we've had a a couple recent land use applications that Spar um some discussion about uh bringing forward some ordinance changes um staff also took that opportunity then uh with the direction from Council we we included as you can see in your report there are seven different bowling points there um those are some housekeeping items that staff has just uh kind of made note of over the the last couple of years that uh have been points of um discussion when different building permits come in or whe whether it's code enforcement um what have you um that we've included in as part of this uh per the direction from Council to uh make some of those changes so I'll just Briefly summarize some of those uh bullet points that are in your staff report included in the ordinance 491 the the first and I think one of the bigger ones that was uh derivative of some of the uh recent subdivisions we had was the park dedication and max amount given land prices and and the fact that the park dedication hasn't changed or it's been that way since 2004 so the proposal is to change that from the max of $25,000 to the max of $37,000 um another change this is more of an internal one that came from staff Believe It or Not we've had a lot of discussions with residents about what is ahead and so we tried to make it a little more clear and added some language there that we hope will at least help um with with that discussion that has been a point of uh discussion like I said over the last couple of years another point of discussion was Lot coverage and its definition um we've cleaned that up put it in a different form put it in bullet bullet point form um which I think looks a little cleaner and makes it a little more clear and then the other thing that was new to that is um as the counil may recall we do now enter into a maintenance agreement for prvious paver driveways that is something new um that we had done as a policy but we thought it was important to include that in a lot coverage definition which we've done here as well um the other big one that um Council gave Direction on was the change from the conditional uses to interm uses one of the big drivers there was the notice radius that was a discussion we had at a work session um trying to figure out if there was a way to increase that radius for public hearing notices and um changing from additional to an interim does change it from the 500 ft to a 1500 ft radius for any public hearing notices in the Agricultural and the agricultural preserve zoning districts another one that we've been kind of sitting on for a while is the fence height uh while back probably a year or two ago uh the building code Minnesota Municipal Building Code changed their maximum fence height from 6 ft to 7 ft um so this changes that in our code as well you don't need per for that but it it did increase that that from uh one one foot another thing we've had as a point of discussion is um inground swimming pools and the distance from Principal structures um we did clear that up that wasn't exactly clear before so it is a minimum of 10 ft from the principal structure and then lastly um the change with the home occupations as well going from the conditional use adding that interm use as well um which also helps with the the notice radius but then also ties a home occupation to a person and not not the property as well so those are in just brief quick summary the as uh the bullet points and the staff report we do have the draft ordinance 491 included in your packet Planning Commission did this is chapter five so there was a public hearing public hearing notice issued um they did review this at their August 26th meeting um no one spoke during the public hearing and the Planning Commission uh made a motion to recommend approval as written with a 40 vote um and uh we have a resolution for publication by title and summary in your staff report as well that if the council is looking to approve the ordinance we'd ask that you approve that as well as to save costs on publishing the newspaper Madam mayor yes one may Al point out with that we do need four votes on that or you'll have to bring that back oh that's right yeah um so we're really not going to take any action on this you can approve the order oh okay but the ti title and summary we'll just bring that back on cons okay on consent okay all right um can I ask a question yeah yeah go ahead Madam mayor um as far as the ordinance is concerned let's just talk about the fence for a minute so you said it's gone to from six to seven feet I want to know what a fence is what is a fence it's a legit question is it wood is it a hedge is it stone is it iron because a fence by its nature something that divides one thing from another right one piece of property from another so if someone puts in and you say they don't need to have a permit to put up a 7ot fence what if they put in 15 ft Hedges that are impermeable you couldn't walk through them so that would essentially be a fence what what the Hedge we defined we added the definition of a hedge is a fence can be a fence can't be over 7 ft no right no uhuh a hedge can be as tall as you want it to be how is it different than a fence so we the definition here for what what we're adding a hedge is a line of closely spaced 3T or closer shrubs and sometimes trees planted and trained to form a barrier or to Mark the boundary of an area so that is our new that is our definition of a hedge a hedge what's the definition of a fence [Music] see we have a defition buil or something bu I just don't see the difference because if you don't want your neighbor to put a giant wall you know 70 ft long blocking your view of a park or something you know why can they do it with trees but not a fence of of wood the only the only time we regulate the height of a of a hedge is in the lake shore on the lake but yet you don't enforce it and this is something I've thought over forever because when you're talking about looking at lake views and a neighbor can put in 50 ft of 30 foot high techn aror vies that you can't walk through or see through that's a fence I don't think we should distinguish between a fence and hedges I think the same thing so yeah but there I mean in that case my entire property is a fence my entire property is a fence because we have nothing but Hedges and trees on 10 acres so are you going to tell me but if you're blocking like if but you're not blocking course of course you are the people across the road can't see through my property now because I have trees and in bushes and well you said there's something that Lakes short so how that the only time we regulate the height of a hedge or a fence um from A View standpoint is in within the 75t setback of the we anything between 75 ft W otherwise anywhere else in trist you could grow a hedge 100 foot tall and there's nothing that would regulate so is it that the Hedge is more attractive than a 100 foot tall fence well you can't build a 100 foot tall fence it would blow over I mean it would let's just assume you could I mean what's the difference is my question because I mean there are there are you know the lake are goes like this and some houses uh you know might have four rooms that have a great view of the lake but if the neighbor decides to put up 12 30 foot Tech AR it blocks it would block both floors of the lake so I just I think a hedge acts as a fence if it bothers a neighbor I mean if your neighbors might love the privacy but if one neighbor says hey you've just blocked half of my Lake View do you really have the right Beyond so what David is saying is you have 75 ft where you can't have a a hedge or a fence so beyond that do you really have a rightt tall you can have a hedge up to the lake but it can't be over fourt tall the the issue and I know what you're talking about in your neighborhood and that's been the issue out there in terms of enforcement as I understand it and correct me if I'm wrong um but was is that AE or isn't it and that's what we're trying to clear up here because people were starting wow that's not they're 6 fet apart you know me I planned those 25 years ago and now they grew to this and that's not a hedge you can look up hedge on the internet it'll depending upon where you go there's you know so many different versions of what is a hedge and so we've said if there three you know that is the distance it and now to make it more clear to go down there and you can measure from you know the root to the root and and say how far apart are they and is it 3T or not and if it's greater then it's not going to be a hedge and if it's that or less it's a hedge and if it's within the lake shore setback it can't be the 4 tall yeah that doesn't apply that the situation I'm thinking about but I don't think we can write an ordinance because of one situation like that because that would be well I think it should be hedge and fence are the same thing cuz it's the same thing but then nobody could have trees taller than 7 ft but they're locked now locked locked together what do you do on my property it's 10 acres of wooded property and they're a lot of the trees are 2 feet apart or 3T apart and they're 100 ft tall that's a hedge then I think there's a difference between a forest and a HED I'm sorry this is just like gu a constant problem in Lakes Shore property so I think it's it us to get this right well it does but then my question also is as a repairi and property owner what are your rights in terms of view I have S ft okay so if you have if you're lot is let's say 150 ft whatever it is do you have the right to The View to this side and how much do you have a right of the view to this side and how much that that really is what it boils down to what are your rights as a repairi and owner to have the view be what 180 degrees or is it 90 is it just straight ahead or is it you know what is it that that's the question well but but you're talking the hedges you're talking about Hedges PR venting people from having views right yes but again um putting uh if you're talking about a a lake view and you you've built a house and you've taken out all the permits and you know five bedrooms have great views of the lake but your neighbor puts in a 30 foot structure wall of trees that are 15 ft in front of all of the bedrooms and you're staring at a wall of trees this this is kind of this should be an issue because you can't put a brick wall up between two properties I mean think of it that that's just grant I'm giving you why being devil's advocate here but can you build a fence 30 ft high no why not yeah you could you can yeah we did get to get a building permit it have to be engineer it did have to have have to struct engineered and it have to um be stamped and Rie by it need a permit it have to look at setb but theoretically yes you could if someone wanted to build that not I mean not within the lake view not within 75 fo of the lake um but we've had um 15 I think even there some up uh there's a 17t high fence that got built um and they had to get it but so it's not really you can go higher than you got the building yeah you got to get a building per which it it becomes very expensive obviously because you got to go down just as far if not you know twice as far as you're going up and it's got to have footings that are are structurally designed and engineered and approved so you can have a fence over T you just got to get a permit so this exempts you from building code you don't have to need building code you there we want to we're not we're not inspecting it we're not reviewing [Music] it there's also but there's also the um vied um ordinance that we have for structure for structure so when you come in so that would come into play so when when a house is built then there's that they they can't go ahead of I don't know yeah back if they're greater than 75 if they're both at 100 you have two at 100 lot to5 100 that house go front of them and block their views of the okay all right the only other one um and again we don't have to make a decision tonight on this is um it's called keeping of non-domestic animals so you know tigers and lions and and bears kind of thing and which is an interim use which is allowed and so I at some point again I'm not saying it has to be tonight but I want to make sure that we're not allowing tigers and um you know anacondas or you know I mean you know very d dangerous um wild animals well I I talked to David I don't think so well and the comment was well we've never had this however we have had this um there was a tius in our community and they came in for a cup and we denied it well denied it and then they had to get rid of their Tigers so um this was a long time ago was about what 20 years ago you think yeah but um it was up on 20 26 and um yeah yeah so anyhow at some point we should maybe think about changing the definition or or maybe listing the non-domestic animals that can be um like if somebody wanted to do a petting zoo they can do that except they can't do tigers and lions you know that kind of thing they could do maybe Fox and and coyotes or whatever so again I'm saying keeping it as is but bringing it back at some point to Define which non-domestic animals can be can be um considered for but an otter is fine you know that that's that's an I know non-domestic but it's not a um car it's not a carnivore so you know yeah it just might be something to [Music] consider okay yeah so I mean and that's I'm not talking about you know that those kind of animals I'm talking about um r I just kind of lighten up things I know come on we have to have fun um and so let let me make a suggestion let's let's pass this right now and then if you want to talk a little bit more about fencing or Hedges we can bring that back as well but I I think I think at some point we should talk about what which non-domestic animals can be kept or can be used so all right that's just my recommendation so all right um other any other questions all right so um is there then um a resolution uh let's see um a motion to um for ordinance number 499 regarding the park dedication fees and the interim uses so that would be resolution number 7624 authorizing oh that's authorizing the publication so first we have to um approve these changes so is there correct okay is there a motion to approve uh the changes for um ordinance number 491 regarding Park dedication fees and interim uses thank you is there a second second thank you any further questions or discussion hearing none all those in favor signify with i i i all those opposed motion passes and then the publication of ordinance will bring that back and do that um on consent for our next meeting so with that um that concludes our business items and we'll move on to staff reports Mr Peters Madam May Council thank you um just an update on water treatment plant um operations here we are continuing the design of that we did get some good news this week that the um DNR has or the should the diners really approved this but we're um onto our next step in our well production um they have granted us the go ahead to onto the next phase which will be investigating to make sure um the surrounding Wells and the lakes around there will not be impacted by our Well Drilling are 20 public water basins and wetlands within that mile and a half radius there's also 79 domestic wells in that area that'll have to be investigated and looked at um and of course there's one endangered species um they uh Cilan warbler and three species of concern the treeter swan the leas Darter and the henso sparrow that wi the two miles of the site so we'll have to kind of do our due diligence to make sure that there's nothing in that area which there isn't there isn't but there isn't but I mean we just have to cross our te's DOT our eyes and and do that so that'll be the next step the other good news that we also obtained with this is they are accepting our well for and our um test wall here for test uh for monitoring Wells okay so they will be converted over um to that they will have to be hooked up to our ska system so they can take hourly readings we will have to do monthly manual readings on that that so but that's good news we want to drill two new wells at least so um the only the only caveat to this is they stated that they are looking into the Jordan on here that is a that's a tunnel that's a TCW yes um so we have to get some clarification if they are looking for a Jordan aquifer um hopefully we can use the other test well that's on site there that we have um otherwise we still have to May drill one but hopefully we can make this work with them and appease them so all right be really nice to them Gary maybe they'll get we're trying we're we're being as nice as we can to move forward but this step you know talking with uh the gentleman at a2s here they not real concerned I mean this is just uh you know step two it's very simple it's always this way so yeah it should go very quickly and moving on to the final stages here so um the other news is the um p is in the neighborhood there in Woodland Cove they are uh plastic welding pipe together for pulling the new lines in they've got quite a bit streamed out through there they're getting ready I think they'll probably start uh probably next week pulling that pipe and getting that in so digging the barard pits and and start pulling it so it should go fairly quickly once they're in that operation so it's good to see that they're out there they're working and they're working fast so great it's all good news so far y so far all all right good we like good news all right anybody else September 23rd might be able to do that put me down I just have to look at all right um otherwise we might have to tap Peter or something like that all right okay all right um and then um any reports do you have anything okay so uh we had our ribbon cutting you were there thank you for coming and uh we did our ribbon cutting for one of our Parks the Jean I always called it the Jean lanir Park is that the right lir L ler all right for that Park and um but it was kind of a two-prong thing it was um a dedication of a bench for um a memorial for um our CSO who passed away a couple of years ago Kevin Walsh and his uh uh wife was there and so it was a dedication of that and then also just the ribbon cutting for the park itself it was very well attended a lot of police officers were there including um Chief false and then also deputy chief uh Craig Squires and along with some other um police officers um I think just as a show of support and recognition of the uh time that um Mr Walsh spent on the force he was 12 years as a Reserve officer and then three years as as a CSO officer so 15 years um dedication to the police department and to our community that was very nice and then um so we did that and then uh the other thing that's really nice I just want to point out is the the um help that henan County gave us with the parking lot because had we not been able to get that access onto 44 we would have had to spend a gazillion more dollars on a trail as you recall so that was really a nice feature and uh commissioner Kevin Anderson was there to show his support as well so that was nice um we have let's see upcoming uh another fire partnership meeting next week so myself I think cath will be there as well 7 a.m. so um and then also Northwest league is next week and then the other thing just as a reminder the uh Forum that was scheduled the League of Women Voters Forum that was scheduled for the 12th has been cancelled because there are no we're we're running un opposed everybody so um and then also just everybody if you should see this gentleman in the audience in the future or now this is Brian gr Graves gr I have the Brian right right okay um he will most likely be our one of our new council members so thank you for coming and and welcome to the team here so um I don't have any anything else with that is there a motion to adour um any second okay Miss Lacy seconded that all those in favor signify with i i all those opposed motion passes 30 thank you very much it was fun right